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RICS professional guidance, UK Surveyors acting as expert ...

rics professional guidance , UKSurveyors acting as expert witnesses 4th edition, amended August practice statement and guidance noteSurveyors acting as expert witnessesEngland, Wales and Northern Ireland4th edition, April 2014 Amended August 2020 Published by the Royal Institution of Chartered Surveyors ( rics )Parliament SquareLondonSW1P responsibility for loss or damage caused to any person acting or refraining from action as a result of the material included in this publication can be accepted by the authors or by the rics Dispute Resolution professional published 1997: second edition of practice statement 2000: second edition of practice statement and guidance note (combined) 2001: third edition of practice statement and guidance note (combined) 2008.

of this important practice statement and guidance note for expert witnesses. The first recorded use of an expert witness in an English case was in Folkes v Chadd (1782) 3 Doug KB 157. In that case, Lord Mansfield overruled Mr Justice Gould’s refusal to permit a jury to hear the evidence of John Smeaton, a civil engineer, whom some

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1 rics professional guidance , UKSurveyors acting as expert witnesses 4th edition, amended August practice statement and guidance noteSurveyors acting as expert witnessesEngland, Wales and Northern Ireland4th edition, April 2014 Amended August 2020 Published by the Royal Institution of Chartered Surveyors ( rics )Parliament SquareLondonSW1P responsibility for loss or damage caused to any person acting or refraining from action as a result of the material included in this publication can be accepted by the authors or by the rics Dispute Resolution professional published 1997: second edition of practice statement 2000: second edition of practice statement and guidance note (combined) 2001: third edition of practice statement and guidance note (combined) 2008.

2 Fourth edition amended August 2020 paragraph (p)(i).ISBN 978 1 78321 026 8 Royal Institution of Chartered Surveyors ( rics ) April 2014. Copyright in all or part of this publication rests with rics . No part of this work may be reproduced or used in any form or by any means including graphic, electronic, or mechanical, including photocopying, recording, taping or web distribution, without the written permission of rics or in line with the rules of an existing of this document are referred also to the copyright notice on page 2 of this copyright material is reproduced under the Open Government Licence for public sector information: from April 2014 England, Wales and Northern IrelandSurveyors acting as expert witnessesContentsAcknowledgments.

3 1 Foreword .. 2 Copyright notice .. 3 Surveyors acting as expert witnesses: practice statement .. 4 Preamble .. 6 Principal message .. 7PS 1 Application of practice statement .. 8PS 2 Duty in providing expert evidence .. 8PS 3 acting as an expert witness and instructions .. 9PS 4 Inspections .. 11PS 5 Reports and oral evidence .. 12PS 6 Amending the contents of written reports .. 14PS 7 Agreeing facts and resolving differences .. 15PS 8 Single Joint expert (SJE) .. 15PS 9 Advocacy and expert witness roles .. 16PS 10 Conditional fees .. 17 Surveyors acting as expert witnesses: rics guidance note .. 19GN 1 Application of guidance note and introduction .. 21GN 2 General duties.

4 23GN 3 Advice and disclosure .. 25GN 4 Duties to the tribunal .. 26GN 5 Instructions and inspections .. 26GN 6 Evidence of fact .. 29GN 7 expert (opinion) evidence .. 30GN 8 Questions to expert witnesses and answers .. 31GN 9 Documents .. 32GN 10 Oral evidence .. 33GN 11 Advising advocates .. 35GN 12 expert witnesses written reports .. 35GN 13 Form and content of an expert witness s written report .. 37GN 14 Meetings between the expert witness and the client s team .. 39GN 15 Narrowing differences and meetings between experts .. 39GN 16 Single Joint expert (SJE) .. 41GN 17 expert evidence, advocacy and a dual role .. , Wales and Northern IrelandEffective from April 2014GN 18 Basis of charging fees.

5 45GN 19 Conditional fees .. 46GN 20 Responsibility for expert witness s fees .. 46GN 21 Immunity of the expert witness .. 47 Appendix A: Sample Terms of Engagement .. 48 Terms of Engagement .. 48 Appendix B: Immunity of the expert witness .. 52 Appendix C: Definitions .. 55 Appendix D: Further reading and glossary of Acts, procedures and protocols .. 58 Surveyors acting as expert witnessesivEngland, Wales and Northern IrelandEffective from April 2014 AcknowledgmentsThis document references the Civil Procedure Rules (CPR) in a few places to ensure consistency between this guidance or practice note and the wishes to express its sincere thanks to the following:ForewordThe Right Hon the Lord Neuberger of AbbotsburyTechnical authorLiam Holder BSc (Hons) MSc FRICS MCIArb MCIOB MAE (Navigant Consulting), Chairman of the working groupWorking GroupJohn Baker FRICS (Baker Property Consultants)Sean Brannigan QC (4 Pump Court Chambers)Nathalie Bellanger ( rics )Graham Chase FRICS FCIArb (Chase and Partners), rics President 2006 07 Peter Collie LLB (Hons), Barrister, FCIOB, FRICS, FCIArb, FIOC, LCGI (Fenwick Elliott)Duncan Preston FRICS FRSA (Aston Rose Chartered Surveyors )Mark Thomas Dip Adj, BSc, MSc, LLM, FRICS, FCIArb, MAE (Thomas Sands Consulting Ltd)

6 rics also wishes to thank all those who have contributed to previous versions of this publication. from April 2014 England, Wales and Northern IrelandForeword I am very pleased to have been invited by rics to write the foreword to the latest edition of this important practice statement and guidance note for expert first recorded use of an expert witness in an English case was in Folkes v Chadd (1782) 3 Doug KB 157. In that case, Lord Mansfield overruled Mr Justice Gould s refusal to permit a jury to hear the evidence of John Smeaton, a civil engineer, whom some Norfolk farmers, who were being sued by the Wells Harbour Commissioners, wished to call to give his expert opinion as to the cause of the silting up of the harbour.

7 Since that decision, expert witnesses have been called to deal with an almost countless variety of issues in an almost countless number of cases. In many hearings, expert evidence is crucial to the outcome of the case. It is important for the integrity of the civil justice system that anybody, above all professionals, who take on the role of expert witness have a clear understanding of the duties involved, and that they perform their obligations to the court or tribunal concerned to the best of their ability. It is crucial for any judicial process which includes expert evidence that the expert witnesses are honest, objective and fair, so that their expertise can properly and helpfully inform, support and enhance the decision maker s decision and the process by which that decision is reached so that justice can be done and can be seen to be , there is a real need for authoritative guidance for actual and potential expert witnesses.

8 The role of experts in litigation should, of course, evolve in response to developments in law, technology, commerce, the demands for greater transparency and the other changes. The past few years have seen many changes in these areas, and the rate of change always seems to be accelerating. Therefore, if it is to be authoritative, any guidance must be up-to-date, thorough, and formulated by expertsThis guidance appears to satisfy all these requirements. It is the product of a great deal of detailed and extensive work by the dedicated and experienced members of a working party specifically set up for the purpose. The result is a document which provides helpful assistance, cutting edge advice and clearly defined standards for rics members who act as an expert is clear to me that an expert witness who properly considers and applies the contents of this guidance will not only enhance his or her own credibility, but will also promote confidence in the role of chartered Surveyors as expert witnesses within the civil justice system generally.

9 Consequently, it will promote best practice in the public Right Hon the Lord Neuberger of AbbotsburyAugust 2013 Surveyors acting as expert witnesses2 Effective from April 2014 England, Wales and Northern IrelandCopyright noticeCopyright in this practice statement (PS) and guidance note (GN) belongs to the Royal Institution of Chartered Surveyors ( rics ). Copyright does not apply to the Statement of Truth specified at PS (p). This practice statement is also published in the form of a client guide, a copy of which can be supplied by the expert witness to his/her prospective client. This client guide may be provided without copyright permission; however, the expert witness must make clear to the prospective client that his/her copy is for his/her use only, and that any reproduction of the guide for the use of a third party would breach rics copyright, as specified in PS (b).

10 The wording of the Statement of Truth and declarations (PS (p)) may be used in expert witness reports without the need to seek prior consent from acknowledgment of rics copyright ownership should appear on any extract from, or copy of, the practice statement and guidance note that is reproduced, save when the Statement of Truth (PS (p)(i)) or other declarations (PS (p)(ii)) are being used in expert witness reports, or when reproducing Appendix A: Sample Terms of A: Sample Terms of Engagement may be reproduced without the need for prior consent from rics . Where it is adapted and integrated into personalised terms of engagement, no copyright acknowledgment is required; however, any other usage by way of reproduction requires an acknowledgment of (other than as specified above) or republishing in any format requires express written permission from rics .


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